HF 3014

2nd Unofficial Engrossment - 88th Legislature (2013 - 2014)

Posted on 04/28/2014 04:51 p.m.

1.1A bill for an act 1.2relating to labor; creating the Public Employment Relations Board; authorizing 1.3rulemaking; appropriating money;amending Minnesota Statutes 2012, sections 1.4179A.03, subdivisions 14, 15, by adding a subdivision; 179A.04, subdivision 3; 1.5179A.051; 179A.06, by adding a subdivision; 179A.10, subdivision 1; 179A.13; 1.6proposing coding for new law in Minnesota Statutes, chapter 179A. 1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8    Section 1. Minnesota Statutes 2012, section 179A.03, is amended by adding a 1.9subdivision to read: 1.10     new text begin Subd. 2a. new text end new text begin Board. new text end new text begin "Board" means the Public Employment Relations Board under new text end 1.11 new text begin section 179A.041. new text end 1.12    Sec. 2. Minnesota Statutes 2012, section 179A.03, subdivision 14, is amended to read: 1.13    Subd. 14. Public employee or employee. (a) "Public employee" or "employee" 1.14means any person appointed or employed by a public employer except: 1.15(1) elected public officials; 1.16(2) election officers; 1.17(3) commissioned or enlisted personnel of the Minnesota National Guard; 1.18(4) emergency employees who are employed for emergency work caused by natural 1.19disaster; 1.20(5) part-time employees whose service does not exceed the lesser of 14 hours per 1.21week or 35 percent of the normal work week in the employee's appropriate unit; 1.22(6) employees whose positions are basically temporary or seasonal in character and: 1.23(i) are not for more than 67 working days in any calendar year; or (ii) are not for more 1.24than 100 working days in any calendar year and the employees are under the age of 22, are 2.1full-time students enrolled in a nonprofit or public educational institution prior to being 2.2hired by the employer, and have indicated, either in an application for employment or by 2.3being enrolled at an educational institution for the next academic year or term, an intention 2.4to continue as students during or after their temporary employment; 2.5(7) employees providing services for not more than two consecutive quarters to the 2.6Board of Trustees of the Minnesota State Colleges and Universities under the terms of a 2.7professional or technical services contract as defined in section 16C.08, subdivision 1; 2.8(8) employees of charitable hospitals as defined by section 179.35, subdivision 3 new text begin , new text end 2.9 new text begin except that employees of charitable hospitals as defined by section 179.35, subdivision 3, new text end 2.10 new text begin are public employees for purposes of sections 179A.051, 179A.052, and 179A.13 new text end ; 2.11(9) full-time undergraduate students employed by the school which they attend 2.12under a work-study program or in connection with the receipt of financial aid, irrespective 2.13of number of hours of service per week; 2.14(10) an individual who is employed for less than 300 hours in a fiscal year as an 2.15instructor in an adult vocational education program; 2.16(11) an individual hired by the Board of Trustees of the Minnesota State Colleges 2.17and Universities to teach one course for three or fewer credits for one semester in a year; 2.18(12) with respect to court employees: 2.19(i) personal secretaries to judges; 2.20(ii) law clerks; 2.21(iii) managerial employees; 2.22(iv) confidential employees; and 2.23(v) supervisory employees; 2.24(13) with respect to employees of Hennepin Healthcare System, Inc., managerial, 2.25supervisory, and confidential employees. 2.26(b) The following individuals are public employees regardless of the exclusions of 2.27paragraph (a), clauses (5) and (6): 2.28(1) an employee hired by a school district or the Board of Trustees of the Minnesota 2.29State Colleges and Universities except at the university established in the Twin Cities 2.30metropolitan area under section 136F.10 or for community services or community 2.31education instruction offered on a noncredit basis: (i) to replace an absent teacher or faculty 2.32member who is a public employee, where the replacement employee is employed more 2.33than 30 working days as a replacement for that teacher or faculty member; or (ii) to take a 2.34teaching position created due to increased enrollment, curriculum expansion, courses which 2.35are a part of the curriculum whether offered annually or not, or other appropriate reasons; 3.1(2) an employee hired for a position under paragraph (a), clause (6), item (i), if that 3.2same position has already been filled under paragraph (a), clause (6), item (i), in the same 3.3calendar year and the cumulative number of days worked in that same position by all 3.4employees exceeds 67 calendar days in that year. For the purpose of this paragraph, "same 3.5position" includes a substantially equivalent position if it is not the same position solely 3.6due to a change in the classification or title of the position; and 3.7(3) an early childhood family education teacher employed by a school district. 3.8    Sec. 3. Minnesota Statutes 2012, section 179A.03, subdivision 15, is amended to read: 3.9    Subd. 15. Public employer or employer. (a) "Public employer" or "employer" 3.10means: 3.11(1) the state of Minnesota for employees of the state not otherwise provided for in 3.12this subdivision or section 179A.10 for executive branch employees; 3.13(2) the Board of Regents of the University of Minnesota for its employees; 3.14(3) the state court administrator for court employees; 3.15(4) the state Board of Public Defense for its employees; 3.16(5) Hennepin Healthcare System, Inc.; and 3.17(6) notwithstanding any other law to the contrary, the governing body of a political 3.18subdivision or its agency or instrumentality which has final budgetary approval authority 3.19for its employees. However, the views of elected appointing authorities who have 3.20standing to initiate interest arbitration, and who are responsible for the selection, direction, 3.21discipline, and discharge of individual employees shall be considered by the employer in 3.22the course of the discharge of rights and duties under sections 179A.01 to 179A.25. 3.23(b) When two or more units of government subject to sections 179A.01 to 179A.25 3.24undertake a project or form a new agency under law authorizing common or joint action, 3.25the employer is the governing person or board of the created agency. The governing 3.26official or body of the cooperating governmental units shall be bound by an agreement 3.27entered into by the created agency according to sections 179A.01 to 179A.25. 3.28(c) "Public employer" or "employer" does not include a "charitable hospital" as 3.29defined in section 179.35, subdivision 2 new text begin , except that a charitable hospital as defined by new text end 3.30 new text begin section 179.35, subdivision 2, is a public employer for purposes of sections 179A.051, new text end 3.31 new text begin 179A.052, and 179A.13 new text end . 3.32(d) Nothing in this subdivision diminishes the authority granted pursuant to law to 3.33an appointing authority with respect to the selection, direction, discipline, or discharge of 3.34an individual employee if this action is consistent with general procedures and standards 4.1relating to selection, direction, discipline, or discharge which are the subject of an 4.2agreement entered into under sections 179A.01 to 179A.25. 4.3    Sec. 4. Minnesota Statutes 2012, section 179A.04, subdivision 3, is amended to read: 4.4    Subd. 3. Other duties. (a) The commissioner shall: 4.5    (1) provide mediation services as requested by the parties until the parties reach 4.6agreement, and may continue to assist parties after they have submitted their final 4.7positions for interest arbitration; 4.8    (2) issue notices, subpoenas, and orders required by law to carry out duties under 4.9sections 179A.01 to 179A.25; 4.10    (3) assist the parties in formulating petitions, notices, and other papers required to be 4.11filed with the commissioner new text begin or the board new text end ; 4.12    (4) conduct elections; 4.13    (5) certify the final results of any election or other voting procedure conducted 4.14under sections 179A.01 to 179A.25; 4.15    (6) adopt rules relating to the administration of this chapter and the conduct of 4.16hearings and elections; 4.17    (7) receive, catalogue, file, and make available to the public all decisions of 4.18arbitrators and panels authorized by sections 179A.01 to 179A.25, all grievance arbitration 4.19decisions to the extent the decision is public under section 13.43, subdivision 2, paragraph 4.20(b), and the commissioner's orders and decisions; 4.21    (8) adopt, subject to chapter 14, a grievance procedure that fulfills the purposes of 4.22section 179A.20, subdivision 4, that is available to any employee in a unit not covered by 4.23a contractual grievance procedure; 4.24    (9) maintain a schedule of state employee classifications or positions assigned to 4.25each unit established in section 179A.10, subdivision 2; 4.26    (10) collect fees established by rule for empanelment of persons on the labor 4.27arbitrator roster maintained by the commissioner or in conjunction with fair share fee 4.28challenges. Arbitrator application fees will be $100 per year for initial applications and 4.29renewals effective July 1, 2007; 4.30    (11) provide technical support and assistance to voluntary joint labor-management 4.31committees established for the purpose of improving relationships between exclusive 4.32representatives and employers, at the discretion of the commissioner; 4.33    (12) provide to the parties a list of arbitrators as required by section 179A.16, 4.34subdivision 4 ; and 5.1    (13) maintain a list of up to 60 arbitrators for referral to employers and exclusive 5.2representatives for the resolution of grievance or interest disputes. Each person on the 5.3list must be knowledgeable about collective bargaining and labor relations in the public 5.4sector, well versed in state and federal labor law, and experienced in and knowledgeable 5.5about labor arbitration. To the extent practicable, the commissioner shall appoint members 5.6to the list so that the list is gender and racially diverse new text begin ; and new text end 5.7     new text begin (14) upon request of the board, provide administrative support and other assistance new text end 5.8 new text begin to the board, including assistance in development and adoption of board rules new text end . 5.9    (b) From the names provided by representative organizations, the commissioner 5.10shall maintain a list of arbitrators to conduct teacher discharge or termination hearings 5.11according to section 122A.40 or 122A.41. The persons on the list must meet at least 5.12one of the following requirements: 5.13    (1) be a former or retired judge; 5.14    (2) be a qualified arbitrator on the list maintained by the bureau; 5.15    (3) be a present, former, or retired administrative law judge; or 5.16    (4) be a neutral individual who is learned in the law and admitted to practice in 5.17Minnesota, who is qualified by experience to conduct these hearings, and who is without 5.18bias to either party. 5.19Each year, education Minnesota shall provide a list of up to 14 names and the Minnesota 5.20School Boards Association a list of up to 14 names of persons to be on the list. The 5.21commissioner may adopt rules about maintaining and updating the list. 5.22    Sec. 5. new text begin [179A.041] PUBLIC EMPLOYMENT RELATIONS BOARD; POWER, new text end 5.23 new text begin AUTHORITY, AND DUTIES. new text end 5.24     new text begin Subdivision 1. new text end new text begin Membership. new text end new text begin The Public Employment Relations Board is new text end 5.25 new text begin established with three members. One member shall be an officer or employee of an new text end 5.26 new text begin exclusive representative of public employees and shall be appointed by the governor; one new text end 5.27 new text begin shall be representative of public employers and shall be appointed by the governor; and new text end 5.28 new text begin one shall be representative of the public at large and shall be appointed by the other two new text end 5.29 new text begin members. Public employers and employee organizations representing public employees new text end 5.30 new text begin may submit for consideration names of persons representing their interests. The board new text end 5.31 new text begin shall select one of its members to serve as chair for a term beginning July 1 of each year. new text end 5.32     new text begin Subd. 2. new text end new text begin Alternate members. new text end new text begin (a) The appointing authorities shall appoint alternate new text end 5.33 new text begin members to serve only in the case of a member having a conflict of interest under new text end 5.34 new text begin subdivision 9, as follows: new text end 6.1 new text begin (1) one alternate, appointed by the governor, who is an officer or employee of an new text end 6.2 new text begin exclusive representative of public employees, to serve as an alternate to the member new text end 6.3 new text begin appointed by the governor who is an officer or employee of an exclusive representative of new text end 6.4 new text begin public employees. This alternate must not be an officer or employee of the same exclusive new text end 6.5 new text begin representative of public employees as the member for whom the alternate serves; new text end 6.6 new text begin (2) one alternate, appointed by the governor, who is a representative of public new text end 6.7 new text begin employers, to serve as an alternate to the member appointed by the governor who is new text end 6.8 new text begin a representative of public employers. This alternate must not represent the same public new text end 6.9 new text begin employer as the member for whom the alternate serves; and new text end 6.10 new text begin (3) one alternate, appointed by the member who is an officer or employee of an new text end 6.11 new text begin exclusive representative of public employees and the member who is a representative of new text end 6.12 new text begin public employers, who is not an officer or employee of an exclusive representative of new text end 6.13 new text begin public employees, or a representative of a public employer, to serve as an alternate for the new text end 6.14 new text begin member that represents the public at large. new text end 6.15 new text begin (b) Each alternate member shall serve a term that is coterminous with the term of the new text end 6.16 new text begin member for whom the alternate member serves as an alternate. new text end 6.17     new text begin Subd. 3. new text end new text begin Terms; compensation. new text end new text begin The membership terms, compensation, removal new text end 6.18 new text begin of members, and filling of vacancies for members and alternate members shall be as new text end 6.19 new text begin provided in section 15.0575. new text end 6.20     new text begin Subd. 4. new text end new text begin Rules; meetings. new text end new text begin The board shall adopt rules governing its procedure and new text end 6.21 new text begin shall hold meetings as prescribed in those rules. The chair shall convene and preside new text end 6.22 new text begin at meetings of the board. new text end 6.23     new text begin Subd. 5. new text end new text begin Powers. new text end new text begin The board shall have the powers and authority required for the new text end 6.24 new text begin board to take the actions assigned to the board under section 179A.13. new text end 6.25     new text begin Subd. 6. new text end new text begin Appeals. new text end new text begin In addition to the other powers and duties given it by law, the new text end 6.26 new text begin board shall hear and decide appeals from: new text end 6.27 new text begin (1) recommended decisions and orders relating to an unfair labor practice under new text end 6.28 new text begin section 179A.13; and new text end 6.29 new text begin (2) determinations of the commissioner under section 179A.12, subdivision 11. new text end 6.30     new text begin Subd. 7. new text end new text begin Rulemaking. new text end new text begin The board shall adopt rules under chapter 14 governing new text end 6.31 new text begin the presentation of issues and the taking of appeals under subdivision 6. All issues and new text end 6.32 new text begin appeals presented to the board shall be determined upon the record of hearing, except that new text end 6.33 new text begin the board may request additional evidence when necessary or helpful. new text end 6.34     new text begin Subd. 8. new text end new text begin Employees and contracts. new text end new text begin The board may hire investigators, hearing new text end 6.35 new text begin officers, and other employees as necessary to perform its duties, or may enter into new text end 6.36 new text begin contracts to perform any of the board's duties. new text end 7.1     new text begin Subd. 9. new text end new text begin Conflict of interest. new text end new text begin A member must disclose any conflict of interest in new text end 7.2 new text begin a case before the board and shall not take any action or vote in the case. The person new text end 7.3 new text begin designated as the recused member's alternate shall serve in place of the member who new text end 7.4 new text begin has a conflict for all actions and votes on the case, unless the alternate has a conflict of new text end 7.5 new text begin interest. If both a member and the member's alternate have a conflict of interest in a case, new text end 7.6 new text begin the appointing authority will appoint a second alternate member, who meets the same new text end 7.7 new text begin requirements as the alternate member and who has no conflict of interest, to take action new text end 7.8 new text begin and vote in the case. A board member or alternate member has a conflict of interest in a new text end 7.9 new text begin case if the member is employed by, an officer of, a member of the governing body of, or a new text end 7.10 new text begin member of, a party in the case. new text end 7.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2014. The board shall be new text end 7.12 new text begin established and prepared to hear and decide rules under Minnesota Statutes, section new text end 7.13 new text begin 179A.041, subdivision 4, by July 1, 2015. new text end 7.14    Sec. 6. Minnesota Statutes 2012, section 179A.051, is amended to read: 7.15179A.051 APPEALS OF COMMISSIONER'S DECISIONS. 7.16 new text begin (a) new text end Decisions of the commissioner relating to supervisory, confidential, essential, 7.17and professional employees, appropriateness of a unit, or fair share fee challenges may be 7.18reviewed on certiorari by the Court of Appeals. A petition for a writ of certiorari must be 7.19filed and served on the other party or parties and the commissioner within 30 days from 7.20the date of the mailing of the commissioner's decision. The petition must be served on the 7.21other party or parties at the party's or parties' last known address. 7.22 new text begin (b) Decisions of the commissioner relating to unfair labor practices under section new text end 7.23 new text begin 179A.12, subdivision 11, may be appealed to the board if the appeal is filed with the board new text end 7.24 new text begin and served on all other parties no later than 30 days after service of the commissioner's new text end 7.25 new text begin decision. new text end 7.26    Sec. 7. new text begin [179A.052] APPEALS OF BOARD'S DECISIONS. new text end 7.27 new text begin Decisions of the board relating to unfair labor practices under section 179.11, new text end 7.28 new text begin 179.12, 179A.12, subdivision 11, or 179A.13 including dismissal of unfair labor practice new text end 7.29 new text begin charges, may be reviewed on certiorari by the Court of Appeals. A petition for a writ of new text end 7.30 new text begin certiorari must be filed and served on the other party or parties and the board within 30 new text end 7.31 new text begin days from the date of the mailing of the board's decision. The petition must be served on new text end 7.32 new text begin the other party or parties at the party's or parties' last known address. new text end 8.1    Sec. 8. Minnesota Statutes 2012, section 179A.06, is amended by adding a subdivision 8.2to read: 8.3     new text begin Subd. 7. new text end new text begin Concerted activity. new text end new text begin Public employees have the right to engage in concerted new text end 8.4 new text begin activities for the purpose of collective bargaining or other mutual aid or protection. new text end 8.5    Sec. 9. Minnesota Statutes 2012, section 179A.10, subdivision 1, is amended to read: 8.6    Subdivision 1. Exclusions. The commissioner of management and budget shall 8.7meet and negotiate with the exclusive representative of each of the units specified in 8.8this section, except as provided in section 43A.06, subdivision 1, paragraph (c). The 8.9units provided in this section are the only appropriate units for executive branch state 8.10employees. The following employees shall be excluded from any appropriate unit: 8.11(1) the positions and classes of positions in the classified and unclassified services 8.12defined as managerial by the commissioner of management and budget in accordance 8.13with section 43A.18, subdivision 3, and so designated in the official state compensation 8.14schedules; 8.15(2) unclassified positions in the Minnesota State Colleges and Universities defined 8.16as managerial by the Board of Trustees; 8.17(3) positions of physician employees compensated under section 43A.17, 8.18subdivision 4 ; 8.19(4) positions of all unclassified employees appointed by a constitutional officer; 8.20(5) positions in the Bureau new text begin of Mediation Services and the Public Employment new text end 8.21 new text begin Relations Board new text end ; 8.22(6) positions of employees whose classification is pilot or chief pilot; 8.23(7) administrative law judge and compensation judge positions in the Office of 8.24Administrative Hearings; and 8.25(8) positions of all confidential employees. 8.26The governor may upon the unanimous written request of exclusive representatives 8.27of units and the commissioner direct that negotiations be conducted for one or more units 8.28in a common proceeding or that supplemental negotiations be conducted for portions of a 8.29unit or units defined on the basis of appointing authority or geography. 8.30    Sec. 10. Minnesota Statutes 2012, section 179A.13, is amended to read: 8.31179A.13 UNFAIR LABOR PRACTICES. 8.32    Subdivision 1. Actions. new text begin (a) new text end The practices specified in this section are unfair labor 8.33practices. Any employee, employer, employee or employer organization, exclusive 8.34representative, or any other person or organization aggrieved by an unfair labor practice as 9.1defined in this section may bring an action for injunctive relief and for damages caused by 9.2the unfair labor practice in the district court of the county in which the practice is alleged 9.3to have occurred. A copy of any complaint alleging an unfair labor practice must be filed 9.4with the commissioner at the time it is brought in district court. The party bringing an 9.5unfair labor practice action in district court shall also transmit to the commissioner any 9.6orders or judgments of the court within ten days of the order or judgment new text begin file an unfair new text end 9.7 new text begin labor practice charge with the board new text end . 9.8 new text begin (b) Whenever it is charged that any party has engaged in or is engaging in any new text end 9.9 new text begin unfair labor practice, an investigator designated by the board shall promptly conduct an new text end 9.10 new text begin investigation of the charge. Unless after the investigation the board finds that the charge new text end 9.11 new text begin has no reasonable basis in law or fact, the board shall promptly issue a complaint and new text end 9.12 new text begin cause to be served upon the party a complaint stating the charges, accompanied by a new text end 9.13 new text begin notice of hearing before a qualified hearing officer designated by the board at the offices of new text end 9.14 new text begin the bureau or other location as the board deems appropriate, not less than five days nor new text end 9.15 new text begin more than 20 days after serving the complaint, provided that no complaint shall be issued new text end 9.16 new text begin based upon any unfair labor practice occurring more than six months prior to the filing of new text end 9.17 new text begin a charge. A complaint issued under this subdivision may be amended by the board at any new text end 9.18 new text begin time prior to the issuance of an order based thereon. The party who is the subject of the new text end 9.19 new text begin complaint has the right to file an answer to the original or amended complaint prior to new text end 9.20 new text begin hearing and to appear in person or by a representative and give testimony at the place and new text end 9.21 new text begin time fixed in the complaint. In the discretion of the hearing officer conducting the hearing new text end 9.22 new text begin or the board, any other party may be allowed to intervene in the proceeding and to present new text end 9.23 new text begin testimony. The board or designated hearing officers shall not be bound by the rules of new text end 9.24 new text begin evidence applicable to courts, except as to the rules of privilege recognized by law. new text end 9.25 new text begin (c) Designated investigators must conduct the investigation of charges. new text end 9.26 new text begin (d) Hearing officers must be licensed to practice law in the state of Minnesota and new text end 9.27 new text begin must conduct the hearings and issue recommended decisions and orders. new text end 9.28 new text begin (e) The board or its designees shall have the power to issue subpoenas and administer new text end 9.29 new text begin oaths. If any party willfully fails or neglects to appear or testify or to produce books, new text end 9.30 new text begin papers, and records pursuant to the issuance of a subpoena, the board may apply to a new text end 9.31 new text begin court of competent jurisdiction to request that the party be ordered to appear to testify or new text end 9.32 new text begin produce the requested evidence. new text end 9.33 new text begin (f) A full and complete record shall be kept of all proceedings before the board or new text end 9.34 new text begin designated hearing officer and shall be transcribed by a reporter appointed by the board. new text end 9.35 new text begin (g) The party on whom the burden of proof rests shall be required to sustain the new text end 9.36 new text begin burden by a preponderance of the evidence. new text end 10.1 new text begin (h) At any time prior to the close of a hearing, the parties may by mutual agreement new text end 10.2 new text begin request referral to mediation, at which time the commissioner shall appoint a mediator, new text end 10.3 new text begin and the hearing shall be suspended pending the results of the mediation. new text end 10.4 new text begin (i) If, upon a preponderance of the evidence taken, the hearing officer determines new text end 10.5 new text begin that any party named in the charge has engaged in or is engaging in an unfair labor new text end 10.6 new text begin practice, then a recommended decision and order shall be issued stating findings of fact new text end 10.7 new text begin and conclusions, and requiring the party to cease and desist from the unfair labor practice, new text end 10.8 new text begin to post a cease-and-desist notice in the workplace, and ordering any appropriate relief to new text end 10.9 new text begin effectuate the policies of this section, including but not limited to reinstatement, back pay, new text end 10.10 new text begin and any other remedies that make a charging party whole. If back pay is awarded, the new text end 10.11 new text begin award must include interest at the rate of seven percent per annum. The order further new text end 10.12 new text begin may require the party to make reports from time to time, and demonstrate the extent to new text end 10.13 new text begin which the party has complied with the order. new text end 10.14 new text begin (j) If there is no preponderance of evidence that the party named in the charge has new text end 10.15 new text begin engaged in or is engaging in the unfair labor practice, then the hearing officer shall issue a new text end 10.16 new text begin recommended decision and order stating findings of fact and dismissing the complaint. new text end 10.17 new text begin (k) Parties may file exceptions to the hearing officer's recommended decision and new text end 10.18 new text begin order with the board no later than 30 days after service of the recommended decision new text end 10.19 new text begin and order. The board shall review the recommended decision and order upon timely new text end 10.20 new text begin filing of exceptions or upon its own motion. If no timely exceptions have been filed, the new text end 10.21 new text begin parties must be deemed to have waived their exceptions. Unless the board reviews the new text end 10.22 new text begin recommended decision and order upon its own motion, it must not be legal precedent and new text end 10.23 new text begin must be final and binding only on the parties to the proceeding as issued in an order issued new text end 10.24 new text begin by the board. If the board does review the recommended decision and order, the board new text end 10.25 new text begin may adopt all, part, or none of the recommended decision and order, depending on the new text end 10.26 new text begin extent to which it is consistent with the record and applicable laws. The board shall issue new text end 10.27 new text begin and serve on all parties its decision and order. The board shall retain jurisdiction over the new text end 10.28 new text begin case to ensure the parties' compliance with the board's order. Unless overturned by the new text end 10.29 new text begin board, the parties must comply with the recommended decision and order. new text end 10.30 new text begin (l) Until the record has been filed in the court of appeals or district court, the board at new text end 10.31 new text begin any time, upon reasonable notice and in a manner it deems appropriate, may modify or set new text end 10.32 new text begin aside, in whole or in part, any finding or order made or issued by it. new text end 10.33 new text begin (m) Upon a final order that an unfair labor practice has been committed, the board or new text end 10.34 new text begin the charging party may petition the district court for the enforcement of the order and for new text end 10.35 new text begin appropriate temporary relief or a restraining order. When the board petitions the court, the new text end 10.36 new text begin charging party may intervene as a matter of right. new text end 11.1 new text begin (n) Whenever it appears that any party has violated a final order of the board issued new text end 11.2 new text begin pursuant to this section, the board must petition the district court for an order directing the new text end 11.3 new text begin party and its officers, agents, servants, successors, and assigns to comply with the order of new text end 11.4 new text begin the board. The board shall be represented in this action by its general counsel, who has new text end 11.5 new text begin been appointed by the board. The court may grant or refuse, in whole or in part, the relief new text end 11.6 new text begin sought, provided that the court also may stay an order of the board pending disposition of new text end 11.7 new text begin the proceedings. The court may punish a violation of its order as in civil contempt. new text end 11.8 new text begin (o) The board shall have power, upon issuance of an unfair labor practice complaint new text end 11.9 new text begin alleging that a party has engaged in or is engaging in an unfair labor practice, to petition new text end 11.10 new text begin the district court for appropriate temporary relief or a restraining order. Upon the filing new text end 11.11 new text begin of any such petition, the court shall cause notice thereof to be served upon such parties, new text end 11.12 new text begin and thereupon shall have jurisdiction to grant to the board or commissioner temporary new text end 11.13 new text begin relief or a restraining order as it deems appropriate. Nothing in this paragraph precludes new text end 11.14 new text begin a charging party from seeking injunctive relief in district court after filing the unfair new text end 11.15 new text begin labor practice charge. new text end 11.16 new text begin (p) The proceedings in paragraphs (m), (n), and (o) shall be commenced in the new text end 11.17 new text begin district court for the county in which the unfair labor practice which is the subject of new text end 11.18 new text begin the order or administrative complaint was committed, or where a party alleged to have new text end 11.19 new text begin committed the unfair labor practice resides or transacts business. new text end 11.20    Subd. 2. Employers. Public employers, their agents and representatives are 11.21prohibited from: 11.22(1) interfering, restraining, or coercing employees in the exercise of the rights 11.23guaranteed in sections 179A.01 to 179A.25; 11.24(2) dominating or interfering with the formation, existence, or administration of any 11.25employee organization or contributing other support to it; 11.26(3) discriminating in regard to hire or tenure to encourage or discourage membership 11.27in an employee organization; 11.28(4) discharging or otherwise discriminating against an employee because the 11.29employee has signed or filed an affidavit, petition, or complaint or given information or 11.30testimony under sections 179A.01 to 179A.25; 11.31(5) refusing to meet and negotiate in good faith with the exclusive representative of 11.32its employees in an appropriate unit; 11.33(6) refusing to comply with grievance procedures contained in an agreement; 11.34(7) distributing or circulating a blacklist of individuals exercising a legal right or 11.35of members of a labor organization for the purpose of preventing blacklisted individuals 11.36from obtaining or retaining employment; 12.1(8) violating rules established by the commissioner regulating the conduct of 12.2representation elections; 12.3(9) refusing to comply with a valid decision of a binding arbitration panel or arbitrator; 12.4(10) violating or refusing to comply with any lawful order or decision issued by 12.5the commissioner new text begin or the board new text end ; 12.6(11) refusing to provide, upon the request of the exclusive representative, all 12.7information pertaining to the public employer's budget both present and proposed, 12.8revenues, and other financing information provided that in the executive branch of state 12.9government this clause may not be considered contrary to the budgetary requirements of 12.10sections 16A.10 and 16A.11; or 12.11(12) granting or offering to grant the status of permanent replacement employee 12.12to a person for performing bargaining unit work for the employer during a lockout of 12.13employees in an employee organization or during a strike authorized by an employee 12.14organization that is an exclusive representative. 12.15    Subd. 3. Employees. Employee organizations, their agents or representatives, 12.16and public employees are prohibited from: 12.17(1) restraining or coercing employees in the exercise of rights provided in sections 12.18179A.01 to 179A.25; 12.19(2) restraining or coercing a public employer in the election of representatives to be 12.20employed to meet and negotiate or to adjust grievances; 12.21(3) refusing to meet and negotiate in good faith with a public employer, if the 12.22employee organization is the exclusive representative of employees in an appropriate unit; 12.23(4) violating rules established by the commissioner regulating the conduct of 12.24representation elections; 12.25(5) refusing to comply with a valid decision of an arbitration panel or arbitrator; 12.26(6) calling, instituting, maintaining, or conducting a strike or boycott against any 12.27public employer on account of any jurisdictional controversy; 12.28(7) coercing or restraining any person with the effect to: 12.29(i) force or require any public employer to cease dealing or doing business with any 12.30other person; 12.31(ii) force or require a public employer to recognize for representation purposes an 12.32employee organization not certified by the commissioner; 12.33(iii) refuse to handle goods or perform services; or 12.34(iv) prevent an employee from providing services to the employer; 12.35(8) committing any act designed to damage or actually damaging physical property 12.36or endangering the safety of persons while engaging in a strike; 13.1(9) forcing or requiring any employer to assign particular work to employees in a 13.2particular employee organization or in a particular trade, craft, or class rather than to 13.3employees in another employee organization or in another trade, craft, or class; 13.4(10) causing or attempting to cause a public employer to pay or deliver or agree to 13.5pay or deliver any money or other thing of value, in the nature of an exaction, for services 13.6which are not performed or not to be performed; 13.7(11) engaging in an unlawful strike; 13.8(12) picketing which has an unlawful purpose such as secondary boycott; 13.9(13) picketing which unreasonably interferes with the ingress and egress to facilities 13.10of the public employer; 13.11(14) seizing or occupying or destroying property of the employer; 13.12(15) violating or refusing to comply with any lawful order or decision issued by 13.13the commissioner new text begin or the board new text end . 13.14    Sec. 11. new text begin [179A.135] UNFAIR LABOR PRACTICES INVOLVING CHARITABLE new text end 13.15 new text begin HOSPITALS. new text end 13.16 new text begin Any charitable hospital as defined in section 179.35, subdivision 2, any hospital new text end 13.17 new text begin employee as defined in section 179.35, subdivision 3, any labor organization as defined new text end 13.18 new text begin in section 179.01, subdivision 6, or any other person or organization connected with a new text end 13.19 new text begin charitable hospital, who is aggrieved by an unfair labor practice as defined in sections new text end 13.20 new text begin 179.11 and 179.12, may file an unfair labor practice charge with the Public Employment new text end 13.21 new text begin Relations Board that will be processed in accordance with the provisions of sections new text end 13.22 new text begin 179A.051, 179A.052, and 179A.13. new text end 13.23    Sec. 12. new text begin APPROPRIATION; INITIAL ASSISTANCE. new text end 13.24 new text begin (a) $125,000 in fiscal year 2015 is appropriated from the general fund to the new text end 13.25 new text begin commissioner of the Bureau of Mediation Services for purposes of the Public Employment new text end 13.26 new text begin Relations Board under Minnesota Statutes, section 179A.041. This appropriation is new text end 13.27 new text begin added to the base. new text end 13.28 new text begin (b) The commissioner of the Bureau of Mediation Services must call the first new text end 13.29 new text begin meeting of the board, and must assist the board in its initial operations, including new text end 13.30 new text begin development and adoption of the board's initial rules. new text end 13.31    Sec. 13. new text begin EFFECTIVE DATE. new text end 13.32 new text begin Sections 1 to 3 and 6 to 11 are effective July 1, 2015. Sections 4, 5, and 12 are new text end 13.33 new text begin effective July 1, 2014. new text end